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Showing posts with label Supreme-Court. Show all posts
Showing posts with label Supreme-Court. Show all posts

Thursday, October 06, 2011

Paradigm Shifts Gay Rights: Happy and Gay days ahead…

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The Delhi High Court’s revision of Section 377 was one of the strongest portents of progressive India. Deepak Kashyap, Masters in Psychology from Bristol University and practicing counselor for homosexuals in Mumbai, explains how the law has helped to make the world a better place to live in.

Being a psychologist by profession, I’ve seen how the new ruling changed the lives of homosexuals. Now, many gays come out and seek help. Previously, there weren’t very many who would do so despite facing various forms of hostility. Besides, we as counselors or psychologists could not reach out to them either, because the law did not permit us to do so. So, the High Court’s decision has unquestionably been beneficial to this community.

On the question whether or not the law has helped change the mindset of people, I would say not, since I have been involved with gay rights for years, and I still don’t see much change there. However, this is not to deny the fact that our society is beginning to accept homosexuals. Taking my personal experience into account, I had always been open about the fact that I’m gay; years ago, gays were only seen as fancy items where people would give us that unusual stare, but now I see that it’s much more easy and comfortable to be a part of this society. I’d also add that it takes a long, long while for an existing culture to change. Complete acceptance of homosexuality would require a culture change, which will take time.

The level of acceptance also varies from city to city. For example, in cities like Mumbai, Delhi, and Pune etc people are a lot more open minded and have a higher level of acceptance. The other cities would take roughly 10-15 more years to accept the law and accept homosexuals as normal beings.

On the future of gay rights, the legal issues are still pending at the Supreme Court. I wouldn’t be able to tell exactly why it’s taking so long, but here are some leads. The last time this case was brought forth, there were 16 organisations challenging the High Court’s decision. And out of those sixteen, 99 per cent were religious organisations. It’s very strange actually; before the government came in, there was religion owning our bodies and before that there were the kings owning our bodies. The question is whether my body belongs to the state, to the religious heads or to myself. My body belongs to me and I have the right to express my bodily desires the way I want to unless I’m hurting someone. I’m pretty sure that the Supreme Court will decide in favour of legalising homosexuality. We have a constitution which guarantees dignity to every citizen and the same must be our right too. There will very soon be a time when homosexuals will stay comfortably along with everyone in the society, not only in some cities but in all parts of our country.

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Friday, July 08, 2011

Govt tells SC: 90% primary students opting for English

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The state government on Thursday filed an affidavit before the high court of Bombay and Goa stating that over 90% of the students in government-aided primary schools have opted for English as the medium of instruction (MoI).

The government informed the court that according to the cabinet decision, the government will release grants to English medium primary schools and also those opting for Konkani and Marathi.

The government also stated that one subject in Konkani or Marathi will be compulsory from Std I to Std X.

A monitoring committee has also been set up to ensure that the schools follow the norms laid down while giving the grants and schools have to ensure that they have proper infrastructure in place for implementing the medium of instruction decision before the grants are released, the affidavit stated.

During the hearing, the petitioners lawyer, senior advocate Atmaram Nandkarni told the court that he would like to file a rejoinder to the reply filed by the government and prayed for time till Tuesday.

A division bench comprising Justice S A Bobde and Justice F M Reis then directed the petitioners to file reply to the affidavit on the next date of hearing, on July 12.

It may be recalled that the petitioners have pointed out that the circular issued by the directorate of education shows 'total non application of mind'.

While alleging that the Rules of Business as provided under Article 166 of the Constitution have been violated while issuing the circular, the petitioners said that the decision should have been implemented in a phased manner from the pre-primary level and not forced upon the students.

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Tuesday, July 05, 2011

Special Investigation Team (SIT) appointed by Supreme Court and headed by retd judge to probe black money

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The Supreme Court on Monday appointed Special Investigation Team (SIT) headed by a former SC judge to probe black money issue. Former SC judges - Justice B P Jeevan Reddy and Justice M B Shah - will be the chairman and vice-chairman of the SIT. The team will also include chiefs of the Intelligence Bureau (IB) and Research and Analysis Wing (RAW). The SIT will file first status report in the third week of August.

The apex court slammed the government for its lethargy in getting the black money back. The court asked the government to disclose names of foreign bank holders against whom I-T proceedings have been concluded. It also told the government that it could not have agreed with other countries under double taxation avoidance treaty not to disclose names of foreign bank account holders who have deposited illicit money abroad.

The bench also questioned the Centre’s decision to grant a licence for retail banking to Swiss bank UBS whose credentials had come under scrutiny in black money cases.

The court issued a series of directions to the SIT and gave it just over a month’s time to file compliance reports.

Commenting on the development, home minister P Chidambaram said, “If the Supreme Court has given an order, it is final because it is the final court. Let us first read the order.”
The Supreme Court also severely criticized the government's delay in probing black money, Hasan Ali Khan and others and said this was not only against the constitutional mandate but also akin to putting national security in danger.

Welcoming the order, BJP spokesperson Prakash Javadekar said, “This decision is a slap on the face of the government. The government does not want to take any tough and honest measures to check corruption and black money.”